On April 22, the Securities Commission of the State of Texas issued an Emergency Cease and Desist Order pursuant to the Texas Securities Act against respondents for allegedly offering investments in a digital gold vault that… more

In the US Expatriate Tax Planning podcast, Janathan Allen discusses important tax issues from the perspective of a US Expatriate. One of the first and most important thing to know for any US taxpayer is the United States taxes its… more

Does the Trifecta Still Exist? In the wee hours of Monday morning, freshman Senator Nicole Mitchell (DFL-Woodbury) was arrested for first-degree burglary. As details have trickled out throughout the week, providing a constant… more

In its recent opinion in Raymond James & Associates Inc. v. Jalbert (In re German Pellets Louisiana LLC), 23-30040, 2024 WL 339101 (5th Cir. Jan. 30, 2024), the Fifth Circuit held that a confirmed bankruptcy plan enjoined a party from… more

With my laundry list of favorite television shows, I think Curb Your Enthusiasm has edged Seinfeld as my second favorite show of all time (Dallas is still #1). Perhaps it’s sacrilege to have Larry top Jerry (even if he was the… more

As companies increasingly leverage AI in their operations, the obligations and expectations for AI-related consumer disclosures continue to evolve. As a result, companies seeking to use consumer-oriented AI face uncertainty about how… more

In the dynamic world of real estate development, the orchestration of real property documents (such as leases, easements, or purchase agreements that are collectively referred to here as “site control documents”) plays a pivotal role… more

In late 2022, the Securities and Exchange Commission (SEC) adopted rule changes that will require institutional investment managers who file Form 13F to annually file a Form N-PX disclosing the manner in which they have voted on… more

On April 24, the CFPB  issued a press release entitled “CFPB Takes Action to Stop Illegal Junk Fees in Mortgage Servicing,” which touts its latest Supervisory Highlights report on mortgage servicing… more

The National Advertising Division (NAD) of the Better Business Bureau (BBB) recently reminded advertisers that tout the benefits and health-related features of their products to be mindful of the Federal Trade Commission’s (FTC) Health… more

In last year’s report, we discussed House v. National Collegiate Athletic Association—the third case in a trilogy filed by current and former student-athletes who claim the NCAA, as well as the Power 5 conferences, violated antitrust… more

On Friday, April 19, 2024, the U.S. Environmental Protection Agency (EPA) added two of the 12,000+ PFAS to the CERCLA list of hazardous substances. CERCLA is commonly known as the superfund law and was passed in 1980 to allow EPA and… more

An interview with Jordan Jaffe, Partner at Wilson Sonsini by Richard Hsu… more

The Biden administration on Tuesday announced a goal to protect and restore 8 million acres of wetlands over the next six years in an effort to counter development pressures and recently weakened federal regulations. The new target… more

On April 25, 2024, the Department of the Treasury (“Treasury”) and the Internal Revenue Service (the “Service”) issued final regulations (T.D. 9993) (the “Final Transfer Regulations”) regarding the transfer election for certain tax… more

Manufacturers and importers of Per- and Polyfluoroalkyl Substances (“PFAS”) must report information regarding all PFAS produced or imported since January 1, 2011, by either May 5, 2025, or November 10, 2025. The EPA recently finalized… more

Artificial intelligence (“AI”) has already impacted virtually every industry in the United States and around the globe. The realm of federal government contracts is no exception. Considering this, the Administration has announced… more

Earlier this month, the National Advertising Division (NAD) of the Better Business Bureau (BBB) announced a recommendation that Planting Hope Brands, LLC discontinue use of the ® (registered trademark symbol) in advertising a specific… more

Welcome to “Compliance Tip of the Day,” the podcast where we bring you daily insights and practical advice on navigating the ever-evolving landscape of compliance and regulatory requirements. Whether you’re a seasoned compliance… more

Keypoint: Last week, the Colorado legislature passed a bill amending the Colorado Privacy Act to add provisions regarding biometric data and the California legislature advanced numerous bills… more

Springtime is the time of year to start fresh. This ritual does not just apply to clearing the clutter, refreshing the inside of your house, and completing home improvement projects. It is also a good time to organize and review your… more

The Wage and Hour Division of the U.S. Department of Labor recently released a rule that prospectively changes the salary threshold for exempt executive, administrative, and professional employees. Although not immediately effective… more

The contentious “Nursing Home Minimum Staffing Rule,” which sets minimum staffing requirements for federally funded long-term care facilities throughout the U.S., was finalized on April 22, 2024. The rule was initially proposed in… more

In a win for California employers, the California Court of Appeal held that stock options are not wages. A stock option is a contractual right to buy company stock at a certain price regardless of whether the stock price increases. If… more

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 in favor of issuing a final rule that will essentially ban employers’ use of non-compete agreements in the workplace. Although the FTC’s non-compete rule isn’t scheduled… more

In an expected but still potentially paradigm-shifting move for employers, the Federal Trade Commission (FTC) has issued a “Final Rule” banning most noncompete agreements nationwide. The FTC justified its position by declaring that… more

While Monty Hall (or for the current generation, Wayne Brady) was nowhere in sight, it was difficult not to think about the show “Let’s Make a Deal” while sitting in the audience at the American Bar Association’s 39th National… more

The healthcare industry is among the most highly regulated industries when it comes to privacy protections. In addition to the federal Health Insurance Portability and Accountability Act (HIPAA), healthcare providers also must comply… more

There are times when even though you are in the middle of thorough research, you can miss the larger point. We have been writing a fair amount about retirement and it is relevant as we are seeing more and more “gray” divorces… more

The recent decision of the European Court of Human Rights (ECtHR) in the matter Verein Klimaseniorinnen and others v. Switzerland has attracted significant media interest. The judges found that Switzerland had not fulfilled its… more

In this episode of Early Returns, Jan Baran speaks with Former Virginia Governor and U.S. Ambassador, Jim Gilmore. They discuss his career in public service, his rise in Republican politics with the popular Virginia car tax… more

On Tuesday, April 23, 2024, the Department of Labor (the “DOL”) issued final regulations regarding investment fiduciary obligations and the definition of an “Investment Advice Fiduciary” (the “Final Regulations”) under the Employee… more

While extensive high-profile strike activity was heavily reported throughout 2023, it was – striking– to analyze the hard data regarding 2023 strike activity in Bloomberg’s annual report that was just released. The report details… more

Federal Agency Charges That Classic Car Sales Company Subjected Female Employee to Sexually Hostile Work Environment - INDIANAPOLIS – Chesterfield Valley Investors, LLC, doing business as Gateway Classic Cars, violated federal law… more

Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments in the areas of enforcement, regulation and dispute resolution. This month, we report… more

As reported earlier, the FTC voted this week to approve its Final Non-Compete Clause Rule (the “Rule” or “Final Rule”), which outlaws almost all non-compete agreements between employees and employers throughout the country. While… more

Can an employee sue under Title VII to challenge a lateral transfer, even if the transfer does not result in a loss of pay? According to a recent U.S. Supreme Court decision, the answer is: Yes… more

The DOL has issued its final rule on overtime exempt workers, surpassing all expectations and setting a minimum salary threshold sixty-five percent (65%) higher than current thresholds in a two-step process. Last year, we delved into… more

The US Department of Energy (DOE) recently finalized a rule to significantly reduce on-site fossil fuel–generated energy consumption in federal buildings with a required reduction of 90% for new construction or major renovations… more

Pro se litigant Von Scott filed a complaint against Federal National Mortgage Association (FNMA) in the Superior Court, seeking to void a foreclosure judgment entered in FNMA’s favor and to set aside the subsequent sale of the… more

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this episode, Tom Fox is joined by Yi-Chin Ho, who is the head of the firm’s China Practice. Yi-Chin… more

As part of the national security supplemental package, President Biden has signed into law two provisions targeting data use practices by websites, desktop applications, mobile apps, and augmented or immersive technology applications… more

Express files for bankruptcy; closing more than 100 stores | CNN - Fashion retailer Express Inc. has officially filed for bankruptcy with the bankruptcy court in Delaware. In a release on Monday, the company said it also plans to… more

On January 10, 2024, the United States Department of Labor released the Employee or Independent Contractor Classification Under the Fair Labor Standards Act Final Rule. The purpose and effect of the Final Rule is to revise the DOL’s… more

On April 23, 2024, the U.S. Department of Labor (DOL) announced its final rule change to employee exemptions under the Fair Labor Standards Act (FLSA). The rule, among other changes, increases the minimum salary threshold for certain… more

The U.S. Department of Health and Human Services (HHS) this week released final amendments to the HIPAA Privacy Rule to further protect the privacy of protected health information (PHI) related to reproductive health care. The… more

U.S. Environmental Protection Agency (“EPA”) has designated PFOA and PFOS as "Hazardous Substances" under CERCLA, marking the agency's first use of Section 102(a) authority and signaling potential widespread industry impact due to the… more

This month, the City of Columbus introduced a revolutionary proposal to modernize its 70-year-old zoning code. The initiative aims to address the city and the region’s rapid growth by strengthening housing, mobility, and affordability… more

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Covia ISP, Inc. (“Covia”) entered into an April 15th Consent Administrative Order (“CAO”) addressing an alleged violation of an air permit… more

“Missing participants” have long been a thorn in the side of plan sponsors and administrators, as they are owed a retirement benefit, but are unable to be found or unresponsive to plan communications. As a partial solution, Congress… more

Davis Wright Tremaine alerted employers previously about a swath of nearly 30 class action lawsuits filed in late 2023 against a myriad of employers under Washington's new pay transparency laws. As Western District of Washington… more

On April 23, 2024, the U.S. Federal Trade Commission (FTC or Commission) finalized a rule, by a vote of 3-2, abolishing the vast majority of employee covenants not to compete across the United States (the Non-Compete Rule or Rule)… more

For potential buyers in a business merger or acquisition, the loss of key employees is a significant risk. That’s especially true in small- to medium-sized businesses, where critical roles and proprietary business insight can be… more

El 3/28/24, el IRS inició su lista anual de la Docena Sucia (“Dirty Dozen”) con una advertencia para que los contribuyentes estén al tanto de la evolución de las estafas de smishing y phishing diseñadas para robar información… more

As Trump era estate tax cuts are likely coming to an end in 2025, wealthy business owners are increasingly utilizing Family Limited Partnerships (FLPs) to significantly save the family taxes when they are gone… more

On 3/28/24, the IRS kicked off its annual Dirty Dozen list with a warning for taxpayers to be aware of evolving smishing and phishing scams designed to steal sensitive taxpayer information. Smishing and phishing scams arrive to the… more

This is Part VI of our “Pay Equity Deep Dive Series.” Part I focused on Compensation Philosophy Review and Pay Analysis Group formation and testing. Part II focused on Wage Influencing Factors (WIFs) and Reliability and Robustness… more

It is with sadness that I report on the recent death of retired Chief Judge John Martin. He had been fighting cancer for several years and went down swinging. His funeral, held in Raleigh on April 25, 2024, was packed. Here’s a link… more